Insurance claims must show coverage applicability; negligence excludes malicious damage claims.

1. Heard Mr. Mr. Ranjan Mukherjee, Advocate, for the complainants and Mr. R.B. Shami, Advocate, for opposite parties - 1 to 3 and Mr. Chanchal Kumar Ganguli, Advocate, for opposite party - 4.

2. M/s. Shyamali Cold Storage Private Ltd. (the Insured) has filed above complaint for directing The New India Assurance Company Ltd. (the Insurer) to pay (i) Rs.11462874 towards the insurance claim, (ii) Rs.5 lacs, as the compensation, for mental agony and harassment, (iii) Rs.50000, as the cost of the litigation, (iv) interest @12% per annum on the awarded amount till the date of realization and (v) any other relief, which is deemed fit and proper, in the facts and circumstances of the case.

3. The facts, as stated in the complaint and emerged from the documents attached with the complaint, are as follows:
(a) The Insured was a company, registered under the Companies Act, 1956 and engaged in cold storage business, at village Surul (G.T. Road More), P.O. & P.S. Golsi, district Burdwan, having licence under West Bengal Cold Storage (Licensing & Regulation) Act, 1966. The New India Assurance Company Ltd. (the Insurer) is a public sector insurance company and a subsidiary of General Insurance Corporation of India and used to provide different types of insurance services. The Insured obtained (i) Standard Fire and Special Perils Policy No.51250011120100000040, for a sum of Rs.703 lacs, on Cold Storage premises, for the period of 15.3.2013 to 14.3.2014, (ii) Machinery Insurance Policy No.51250044125100000010, for a sum of Rs.158.5 lacs on Plant & Machinery of the cold storage, for the period of 31.3.2013 to 30.3.2014, (iii) Fire Declaration Policy No.51250011120200000006, for a sum of Rs.106764000 on Stock of Cold Storage, for the period of 31.3.2013 to 30.3.2014 and (iv) Deterioration of Stocks (Potatoes) Insurance Policy No.51250044125400000008, for a sum of Rs.106764000 on Potatoes stored in the cold storage, for the period of 31.3.2013 to 30.3.2014, from the Insurer.
(b) The potatoes are stored in the cold storage on the rent basis in the month of March and cleared in the month of October of succeeding year. While running cold storage, the Insured noticed on 20.05.2013 that the potatoes stored in the cold storages were becoming soft and pouch were leaking. The Insured wrote a letter dated 20.5.2013 to Assistant Director of Agricultural Marketing (Administrative), with the copy to Officer - In - charge, police station Galsi and Divisional Manager (opposite party - 2), informing the aforesaid fact and seeking help for giving opinion in respect of actual cause of softness of potatoes and leakage. The Insured gave a reminder dated 24.5.2013 and 13.6.2013 to Assistant Director of Agricultural Marketing (Administrative) (opposite party - 4).
(c) Divisional Manager (opposite party - 2) visited the cold storage of the Insured along with the surveyor Mr. K.B. Kuri, on 23.5.2013 and examined actual situation. The Insured gave a reminder dated 27.5.2013 to Divisional Manager (opposite party - 2) as the potatoes were gradually deteriorating. When the Insured did not receive any response, then he wrote a letter dated 7.6.2013 to Deputy General Manager (opposite party - 3) along with copy of the letter dated 27.5.2013.
(d) Assistant Director of Agricultural Marketing (Administrative) vide memo No.2607 dated 17.6.2013, directed the Insured to act immediately as per provisions of S.12 (1) of West Bengal Cold Storage (Licensing & Regulation) Act, 1966. In pursuance thereof, the Insured served notice to all his hirers and Pradhan of Gram Panchayat, with reque